Cartwright v. Coca-Cola Refreshments USA Inc

Filing 68

ORDER denying as moot 55 defendants' motion for summary judgment; and granting 66 Plaintiff Sandra Cartwright's motion to approve a settlement. Signed by Chief Judge Brian S. Miller on 11/16/2017. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
SANDRA CARTWRIGHT
PLAINTIFF
v.

CASE NO: 1:15-CV-00115 BSM

COCA-COLA REFRESHMENTS USA, INC.,
RANDSTAD PROFESSIONALS US, LP, d/b/a
RANDSTAD MANAGED SERVICES; RANDSTAD
GENERAL PARTNER (US) LLC; AND INSYNC
STAFFING LLC
DEFENDANTS
v.
RANDSTAD PROFESSIONALS US, LP, d/b/a
RANDSTAD MANAGED SERVICES and
RANDSTAD GENERAL PARTNER (US) LLC

THIRD-PARTY DEFENDANTS

ORDER
Plaintiff Sandra Cartwright=s motion to approve a settlement [Doc. No. 66] is
granted and defendants= motion for summary judgment [Doc. No. 55] is denied as moot.
Arkansas=s workers= compensation statute requires that settlements of certain
claims must be approved by a court or the Arkansas Workers= Compensation Commission
when those claims involve possible subrogation by employers and third-party insurers.
See Ark. Code Ann. ' 11-9-410(c)(1). The law requires that interested third parties be
afforded Areasonable notice and opportunity@ to intervene and assert a right to a lien on
recovered proceeds.

Id. '' 11-9-410(a)(1)(A), (a)(1)(B).

Moreover, three days=

written notice of a proposed settlement must be given to all interested parties. Id. '
11-9-410(c)(3).
Plaintiffs gave written notice of this proposed settlement to all interested third
parties on October 30, 2017. Doc No. 66, _ 6. No third party has asked to intervene or
objected to the settlement and the time for doing so has passed. See also Northwest
Arkansas Area Agency on Aging v. Golmon, 15 S.W.3d 363, 366_67 (Ark. Ct. App.
2000). The settlement is therefore approved.
IT IS SO ORDERED this 16th day of November 2017.

UNITED STATES DISTRICT JUDGE